Al-Shabaab's Court System: Sharia Law With Death Penalty

Last updated: 15 October 2026

Photo: Mogadishu Daily Life one year after Al Shabaab 06 - AMISOM Public Information

Al-Shabaab runs a complete parallel court system across southern and central Somalia. These Al-Shabaab sharia courts handle everything from theft and murder to land disputes and marriage cases. The punishments include public execution by shooting, beheading, or stoning, as well as amputation and flogging. For millions of Somalis, these courts are the only justice system that exists. Understanding how they work is essential for asylum claims involving anyone who has lived in Al-Shabaab territory.[1]

The Federal Government of Somalia (FGS) barely controls territory outside Mogadishu and a few regional capitals. In the vast areas between, Al-Shabaab is the only authority. Its courts process thousands of cases each year. People use them because there is no alternative — and because refusing to appear before an Al-Shabaab court means death.

The Court Hierarchy

Al-Shabaab's court system has three levels. At the bottom are district courts. These handle small criminal cases, minor disputes, and family matters. Each district under Al-Shabaab control has at least one court. The judges are appointed by Al-Shabaab and trained in the group's strict interpretation of Sharia law. They are not trained lawyers. They are religious scholars selected for their loyalty to Al-Shabaab.[2]

Above the district courts are regional courts. These handle more serious cases, including murder, large-scale theft, and accusations of espionage or apostasy. Regional courts also hear appeals from district courts, although appeals are rare. Most people do not dare to challenge a district court ruling.

At the top is the appeal court, which operates under the direct authority of Al-Shabaab's leadership. This court reviews death sentences and cases of political importance. However, it almost always confirms the lower court's decision. The appeal court is not designed to protect the rights of the accused. It exists to give Al-Shabaab's justice system a surface appearance of due process.

There are no defence lawyers in any of these courts. The accused cannot bring a legal representative. They cannot see the evidence against them in advance. They cannot call witnesses in their defence. The entire process — from accusation to sentence — can take less than a day. In many cases, it takes less than an hour.[3]

Types of Cases

Al-Shabaab sharia courts handle two broad categories of cases: criminal and civil. Criminal cases include theft, murder, adultery, apostasy (leaving Islam or being accused of working against Al-Shabaab), and espionage (working with the FGS or foreign governments). Civil cases include land disputes, inheritance, marriage, and divorce.[4]

One important fact is that many ordinary Somalis actually prefer Al-Shabaab courts for civil cases. The reason is simple: FGS courts barely exist outside Mogadishu. Where they do exist, they are slow, corrupt, and unreliable. Al-Shabaab courts are fast. They give a decision within days. They enforce their decisions immediately. A farmer who has a land dispute with a neighbour may go to an Al-Shabaab court because it is the only option — or because it is faster than waiting years for a government court that may never hear the case.

However, this "voluntary" use of Al-Shabaab courts is misleading. Once someone enters the court system, they are bound by its rules. If the court's decision goes against them, they must comply. If they refuse, they face the same punishments as a criminal defendant. In addition, using an Al-Shabaab court creates a record. The person is now known to Al-Shabaab. They can be called back at any time. Their involvement with the court system can also be used against them — for example, in accusations that they are Al-Shabaab sympathisers.

Punishments Under Al-Shabaab Sharia Courts

The punishments handed down by Al-Shabaab sharia courts are severe. They follow a strict interpretation of Sharia law — what Al-Shabaab calls "hudud" punishments. These are punishments that Al-Shabaab considers fixed by God and therefore not subject to human change. They include execution, amputation, flogging, and stoning.[5]

Public execution is carried out by shooting, beheading, or stoning. The method depends on the offence. Murder cases are typically resolved by shooting. Adultery cases — specifically where the accused is married — are punished by stoning to death. The accused is buried in a hole up to the waist, and then community members throw stones until the person dies. These executions are carried out in public. People are forced to watch, including children.

Amputation is the punishment for theft. The right hand is cut off for a first offence. For a second offence, the left foot is amputated. These amputations are also carried out in public. They are performed without anaesthesia by people with no medical training. Many victims die from blood loss or infection.

Flogging is used for lesser offences, such as drinking alcohol, smoking, or failing to attend prayers. The number of lashes varies, but 40 to 100 is typical. Flogging is also used to punish women accused of "immoral behaviour" — a vague category that can include speaking to an unrelated man or leaving the home without permission.

Documented Executions by Year

Why People Submit to These Courts

The most common question about Al-Shabaab courts is: why do people use them? The answer is simple. In most of southern and central Somalia, there is no alternative. The FGS justice system is almost entirely absent outside Mogadishu and a few regional capitals. Even in areas where FGS courts exist, they are widely seen as corrupt and ineffective. Cases can take years. Judges can be bribed. Decisions are often ignored.[8]

Al-Shabaab courts, by contrast, are fast and decisive. A land dispute that might take five years in an FGS court is resolved in a week by Al-Shabaab. This speed is attractive to people who need quick resolution. However, the speed comes at a terrible cost: there is no fairness, no due process, and no mercy.

In addition, refusing to appear before an Al-Shabaab court is itself a death sentence. If Al-Shabaab summons a person to appear, they must appear. If they run, they are hunted. If they are caught, they are killed. There is no possibility of simply ignoring the court. Consequently, people submit not because they agree with the system, but because they have no choice.

Al-Shabaab's courts administer a brutal form of justice with no safeguards. Executions, amputations, and floggings are carried out in public as acts of terror designed to enforce total compliance with Al-Shabaab's authority.
UNSOM, Human Rights and Protection Group, 2024

Forced Compliance and Family Punishment

If a person defies an Al-Shabaab court ruling, the consequences extend far beyond that individual. Al-Shabaab practices collective punishment. If a man is ordered to pay a fine and refuses, his family is targeted. If a woman is ordered into a forced marriage and flees, her father or brothers may be killed. If a person is sentenced and escapes, their relatives are detained and punished in their place.[9]

This collective punishment is one of the most important aspects of Al-Shabaab's court system for asylum assessments. It means that the risk is not limited to the individual who appeared before the court. It extends to the entire family. Therefore, when assessing an asylum claim, decision-makers must consider the risk to the applicant's family members as well.

Forced marriage is a particularly common "settlement" in cases involving women. If a woman is accused of any form of "immoral behaviour," the court may order her to marry an Al-Shabaab fighter. This is not a marriage in any meaningful sense. It is forced sexual slavery. The woman has no choice. Her family has no choice. Refusal means death for the woman and punishment for her family.

Apostasy Cases: The Most Dangerous Accusation

The most dangerous accusation in an Al-Shabaab court is apostasy — leaving Islam. Under Al-Shabaab's interpretation of Sharia, apostasy carries an automatic death sentence. But Al-Shabaab defines apostasy very broadly. It includes not just converting to another religion, but also working for the FGS, working for international organisations, cooperating with foreign governments, or simply being accused of being a "spy."[10]

Government employees are especially at risk. Teachers, health workers, and police officers who work for the FGS are all considered "apostates" by Al-Shabaab. So are translators, drivers, and cleaners who have worked for international organisations such as the UN, AMISOM (now ATMIS), or NGOs. The accusation does not need to be proven. The word of an Al-Shabaab informant is enough.

People accused of apostasy are usually given no chance to defend themselves. They are arrested, brought before a court, and sentenced within hours. The sentence is always death. The execution is carried out publicly, often by beheading, to send a message to others. There is no appeal in practice. An expert witness in asylum proceedings can explain how apostasy accusations work and why they constitute persecution under the 1951 Refugee Convention.

Implications for Asylum Claims

Al-Shabaab's court system creates multiple grounds for asylum claims. People who have been sentenced by an Al-Shabaab court face execution or corporal punishment on return. People who defied a court ruling face death for themselves and their families. People accused of apostasy face an automatic death sentence. In all of these cases, the risk is well-documented and specific.[11]

For UK claims, the country guidance case AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia [2011] UKUT 445 recognises the serious risk to people in areas controlled by Al-Shabaab. The case MOJ and others (Return to Mogadishu) [2014] UKUT 442 examines the risk of return to Mogadishu specifically. For people who have had contact with Al-Shabaab's court system, the risk on return to Al-Shabaab territory is clear. For more guidance, see the asylum guide.

In the US system, claims based on Al-Shabaab court persecution can be made under asylum, withholding of removal, and the Convention Against Torture (CAT). The key Convention grounds are political opinion (imputed opposition to Al-Shabaab), religion (apostasy accusations), and particular social group (people who have defied Al-Shabaab). An expert witness report can provide detailed analysis of the specific risks the claimant faces.

Anyone who broke al-Shabaab rules or faced its courts can obtain evidence on punishment and reach through our Somalia country expert witness reports.

Conclusion

Al-Shabaab sharia courts operate as a complete parallel justice system across large parts of Somalia. They handle criminal and civil cases with no due process, no defence lawyers, and no meaningful right of appeal. Punishments include public execution, amputation, stoning, flogging, and forced marriage. People submit to these courts because there is no alternative — and because refusing to appear means death. Anyone who has been sentenced, accused of apostasy, or defied a court ruling faces an immediate and serious risk to life. For asylum decision-makers, this court system is critical evidence of the nature and severity of Al-Shabaab's control.